The committee on appeals having reported, that they have heard the appeal, entered on the part of Jonathan Burnel, and others, owners or claimants of the brigantine Sherburne, &c. from the verdict found, and sentence of condemnation passed in the court of admiralty for the port of Philadelphia, in the state of Pennsylvania, against the said brigantine, fully argued, proceeded to give judgment thereupon, and the opinions of the said committee, to wit: James Wilson, Jonathan D. Sergeant, John Adams, Roger Sherman, Thomas Burke, and William Ellery, being delivered, the said committee was equally divided, by reason whereof no judgment could be given:

Whereupon, in order that no failure of justice may ensue,

Resolved, That a committee of five be appointed to rehear and determine the said appeal:

The members chosen, Mr. (Thomas] Heyward, Mr. R(ichard] H[enry] Lee, Mr. [George) Clymer, Mr. [William) Duer, and Mr. [Benjamin) Rumsey.²